HomeMy WebLinkAbout16-065 cs~ '.
Harry Kim Gregory Henkel, Chair
Mayor i.•„`:/ Myles Miyasato, Vice Chairi:*•
Joseph Clarkson
Donn Dela Cruz
Donald Ikeda
Raylene Moses
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone( 808) 961-8288 • Fax( 808) 961-8742
JAN 1 2 2017
Thomas L.H. Yeh, Esq.
Law Offices of Yeh and Moore
85 W. Lanikaula Street
Hilo, HI 96720
Dear Mr. Yeh:
SUBJECT: Use Permit No. USE-16-000065
Applicant: Rhodes Moore, LLC
Permitted Use: Allow the Establishment of a 120-Bed Assisted Living Facility
and Related Uses
Tax Map Key: 2-2-044: 032, 035 and 037
The Windward Planning Commission, at its duly held public hearing on January 5, 2017 voted to
approve the above-referenced request to allow the establishment of a 120-bed assisted living facility
and related uses on 6.22 acres of land. The project site is situated within the Neighborhood
Commercial (CN-7.5) zoning district located on the southeast side of the intersection of Kanoelehua
Avenue( State Highway 11) and East Kahaopea Street, Waiakea Homestead House Louts, South Hi19
Hawaii.
Approval of this permit is subject to the following conditions:
1. The applicant, its successor or assigns shall be responsible for complying with all
stated conditions of approval.
2. The effective date of this Use Permit shall be the effective date of Ordinance No. 12
111, as amended.
3. The applicant shall comply with conditions of Ordinance No. 12 111, and any
amendments thereof.
4. Prior to submitting plans for Plan Approval review, the applicant shall secure Final
Subdivision/Consolidation Approval to consolidate and/or re-subdivide tax map key
numbers 2-2-044: 032, 035 and 037 in a manner such that the land to be
used for the assisted living facility and related improvements shall be located on a lot
of appropriate size and location to accommodate the facility, related improvements
and required building setbacks.
Hawai`i County is an Equal Opportunity Provider and Employer
2 2017'JAN 1
Thomas L.H. Yeh, Esq.
Law Offices of Yeh and Moore
Page 2
5. Construction of the proposed development shall be completed within five( 5) years
from the effective date of this permit. Prior to the commencement of construction, the
applicant, successors or assigns shall secure Final Plan Approval for the proposed
development from the Planning Director in accordance with Section 25-2-70, Chapter
25 ( Zoning Code), Hawai`i County Code. Plans shall identify all proposed structures,
fire protection measures, road and utility easements, paved driveway accesses and
paved parking stalls associated with the proposed development. In accordance with
the Planning Department' s Rule No. 17, landscaping shall be included on the plans to
mitigate any potential adverse noise or visual impacts to adjacent residential properties
related to parking lot landscaping and screening for loading spaces, trash disposal
areas, and mechanical equipment. All buffer yard landscaping shall conform to the
standards for separation of a residential( RS) zoning district from a commercial ( CN)
zoning district as provided for in Planning Department Rule No. 17 regarding
landscaping.
6. Prior to the issuance of a Certificate of Occupancy for the assisted living facility, the
applicant shall provide an alternative access for emergency access to the facility when
the primary access driveway is not accessible.
7. If required by the Department of Public Works, the applicant shall obtain a FEMA
Conditional Letter of Map Revision( CLOMR) prior to the issuance of Final Plan
Approval and a FEMA Letter of Map Revision( LOMR) prior to the issuance of a
Certificate of Occupancy for any development within the subject properties.
8. Prior to receipt of a Certificate of Occupancy, a private wastewater treatment plant
shall be installed meeting with the requirements of the Department of Health.
9. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, paving, or walks be encountered,
work in the immediate area shall cease and the Department of Land and Natural
Resources-Historic Preservation Division( DLNR-HPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from the
DLNR-HPD that sufficient mitigative measures have been taken.
10. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the permit. The report shall address in detail the status of the
development and the compliance with the conditions of approval. This condition shall
remain in effect until all of the conditions of approval have been satisfied.
11. The applicant shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
Thomas L.H. Yeh, Esq.
Law Offices of Yeh and Moore
Page 3
12. An initial extension of time for the performance of conditions within the permit may
be granted by the Planning Director upon the following circumstances:
A. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns, and
that are not the result of their fault or negligence.
B. Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
C. Granting of the time extension would not be contrary to the original reasons
for the granting of the permit.
D. The time extension granted shall be for a period not to exceed the period
originally granted for performance( i.e., a condition to be performed within
one year may be extended for up to one additional year).
Should any of the conditions not be met or substantially complied with in a timely fashion, the
Planning Director may initiate procedures to revoke the Use Permit.
This approval does not, however, sanction the specific plans submitted with the application as they
may be subject to change given specific code and regulatory requirements of the affected agencies
Approval of this permit is based on the reasons given in the attached Findings Report.
Should you have any questions, please contact Maija Jackson of the Planning Department at
961-8159.
Sincerely,
17)
Gregory Henkel, Chairman
Windward Planning Commission
LRhodesmooreLLCUSE I6-065wpc
Enclosure: PC Findings Report
cc: Rhodes Moore, LLC
Department of Public Works
Department of Water Supply
County Real Property Tax Division-Hilo
Department of Land& Natural Resources -HPD
Mr. Gilbert Bailado
COUNTY OF HAWAII
PLANNING COMMISSION FINDINGS
RHODES MOORE, LLC
USE PERMIT APPLICATION NO. 16-000065 ( USE 16-65)
Based on the following, Use Permit No. 16-65 is hereby issued to allow the establishment of
120-bed assisted living facility and related uses on 6.22 acres of land situated within the
Neighborhood Commercial( CN-7. 5) zoning district. The property is located on the southeast side of
the intersection of Kanoelehua Avenue ( State Highway 11) and East Kahaopea Street, Waiakea
Homestead House Lots, South Hilo, Hawai`i, TMK: 2-2-044:032, 035 and 037.
RHODES MOORE, LLC is requesting a Use Permit to allow the establishment ofan assisted
living facility for up to 120 full-time residents within a three-story,approximately 81,404 square foot
to be known as " Hilo Seniorbuilding Housing". The facility will provide 24-hour living
accommodations in a home-like environment and offer support and assistance for resident' s daily
living needs and activities, including but not limited to, meal services and personalized services
designed to respond to and maintain resident' s well-being, individuality, independence and dignity.
The project will provide transportation assistance, social programs and managed and shared
amenities. Optional memory care will also be available for those residents who require additional
security, safety, and mental stimulation services. The project will be constructed in two phases
consisting of a mix of studios, one and two-bedrooms, and Alzheimer' s/ memory care units, with the
first phase to include 88-beds ( 73 units) and the second phase to include 32 beds ( 32 units). The
facility will feature two elevators, three interior stairwells, two community patios, several courtyards,
gardens and grounds. The facility will employ about 40 staff members over three shifts in Phase I,
and an additional 5-7 employees in Phase 2. Onsite transportation will be provided to take residents
on shopping trips, medical appointments and for recreational and therapeutic outings. Parking will be
provided onsite for staff,residents and visitors.The property will be consolidated and re-subdivided
in order to accommodate the proposed use and other commercial uses. The applicant is undertaking
the project based upon the Big Island community' s need for more availability of assisted living
facilities for elderly, disabled and/ or blind individuals, only one of which currently exists in the
County, located in Kailua-Kona.
In considering a Use Permit for any proposed use, Rule 7 ( Use Permits), Section 7- 6, of the
Planning Commission's Rules of Practice and Procedure states that the Planning Commission may
approve a Use Permit upon finding that:
a) The granting ofthe proposed use shall be consistent with the general purpose of the zoning
district, the intent and purpose of the Zoning Code, and the County General Plan;
b) The granting ofthe proposed use shall not be materially detrimental to the public welfare nor
cause substantial adverse impact to the community's character or to surrounding properties;
and
c) The granting of the proposed use shall not unreasonably burden public agencies to provide
roads and streets, sewer, water, drainage, schools, police and fire protection and other related
infrastructure.
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The proposed use is consistent with the general purpose of the zoning
district, the intent and purpose of the Zoning Code, and the County General Plan.
The intent and purpose of the Zoning Code is to promote health, safety, morals or the
general welfare of the community through regulations and restrictions relative to the
location and use of buildings, off-street parking, the percentage of a lot that maybe
occupied, and the density of population and land for trade, industry, residence or other
purposes. The Zoning Code requires the issuance of a Use Permit for group living
facilities having more than eight residents in the Neighborhood Commercial ( CN) district.
Use Permits are permits to allow uses in zoning districts which require special attention
to insure that the uses will not unduly burden public agencies to provide public services
or cause substantial adverse impacts upon the surrounding community. In the CN zoning
district the maximum density allowed for multiple-family dwellings is 35 rentable units
per acre (1,250 sq ft ofland area per rentable unit). The proposed 120-bed facility would
be equivalent to 60 rentable units, since two beds is equal to one rentable unit. The 60
rentable units would be well below the maximum 211 rentable units permitted on the
6. 22-acre property in the CN district.
The General Plan Land Use Pattern Allocation Guide( LUPAG) Map designation
for the property is Low Density Urban, which allows residential ( overall residential
density may be up to six units per acre), with ancillary community and public uses, and
neighborhood and convenience-type commercial uses. The density of the proposed
assisted living facility is about 10 units per acre. While the density of the proposed use
would be better suited in an area designated Medium Density Urban, which allows for
residential density up to 35 units per acre, there is an urgent need for facilities that care
for the elderly and the proximity to existing public services and infrastructure is ideal at
this particular property. Additionally, the General Plan indicates that there will be a
greater need for assisted living, skilled nursing, and intermediate care facilities in the
various districts as the number of elderly resident' s increases. Consequently, the Housing
Element of the General Plan encourages the construction of specially designed facilities
or communities for elderly persons needing institutional care and small home care units
for active elderly persons. Currently there is one assisted living facility on the island, in
Kailua Kona. The proposed assisted living facility will fulfill this need in the community
and therefore is consistent with the General Plan.
The proposed use will not be materially detrimental to the public welfare nor
cause substantial adverse impact to the community' s character or to surrounding
properties. The surrounding area is primarily residential and commercial in character.
There is a single-family dwelling on Parcel 30, which is an RS-10 zoned lot fronting
Kanoelehua Avenue that is surrounded by the subject property. Lands to the north, east
and south of the property are zoned RS-10 and consist of single-family residential
subdivisions. There are two vacant parcels zoned CN-7. 5 between the subject property
and the Hilolani Subdivision to the east. The majority of these two parcels are situated in
the" AE" flood zone. The Puainako Town Center is located northwest of the property
across the East Kahaopea Street/ Highway 11 intersection.
Potential short-term impacts will be limited to an increase in noise, dust and
traffic associated with earthmoving equipment during construction. These impacts will be
temporary in nature and minor in scope and therefore are not anticipated to have a
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substantial adverse impact on the surrounding properties. Due to the noise and traffic
inherent to the activities already established in the area, it is not anticipated that noise and
traffic associated with the proposed use will adversely impact surrounding properties. The
applicant will adhere to minimum yard requirements in the Zoning Code and will provide
landscaping to visually screen the facility from surrounding properties to reduce the
effects of noise and nighttime lighting associated with the facility. Landscaping should be
installed to visually screen the facility from surrounding residential properties,
particularly along the south property line to screen the facility from the adjacent residence
on parcel 30 and along the north and east property boundaries to screen the facility from
the adjacent residences across Kahaopea Street and in the Hilolani Subdivision. The
proposed use will provide much needed services for adults who seek an independent
lifestyle, yet with some degree of assistance available on-site. With the implementation
ofrecommended conditions, the proposed use is not anticipated to have an adverse effect
on surrounding properties.
The proposed use will not unreasonably burden public agencies to provide
roads and streets, sewers, water, drainage, schools, police and fire protection and
other related infrastructure. County water is available to the property at this time and
improvements to the existing water system, such as additional water laterals or meters,
may be required in order to provide the amount of water needed for the proposed
development based on the estimated water usage calculations submitted by the applicant' s
engineer. The applicant has indicated that they are amenable to providing these
improvements should they be required by the Department of Water Supply. Primary
access to the project will be provided by a new 30-foot wide driveway located off of
Kahaopea Street across from `Awapuhi Street. Kahaopea Street is a County roadway
with a 40-foot wide right-of-way and is paved with no sidewalks or curbs. The Police
Department has indicated the East Kahaopea Street approach to the highway intersection
has a steep incline and limited visibility, and East Kahaopea Street near the proposed
access across from `Awapuhi Street is narrow and would need to be improved to handle
the project' s traffic. The applicant plans to widen the road and install curb, gutter and
sidewalk improvements along the property' s entire Kahaopea Street frontage. The
Planning Director recommends an alternative access be provided in situations, such as
intermittent flooding, where the primary access is not accessible and staff and emergency
responders need to get to the facility. The applicant will also install a private wastewater
treatment plant to dispose of wastewater generated by the proposed development.
Portions of the property are in an area designated as Flood Zone AE on the Flood
Insurance Rate Map (FIRM) by the Federal Emergency Management Agency( FEMA).
The applicant will construct drainage improvements due to the" AE" flood zone and all
development-generated runoff will be disposed of on-site. All other utilities are available
to the site. Police, fire and medical services are available nearby in Hilo.
The proposed use is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to the Coastal Zone Management Area. The subject property is located over
two miles from the shoreline and is not in the Special Management Area. Thus, the
property will not be affected by coastal hazards and beach erosion. There are no
identified recreational resources, public access to the shoreline or mountain areas, scenic
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and open space preserves, coastal ecosystems, marine resources or other natural and
environmental resources on the subject property.
Because the property is undeveloped, in view of the Hawai`i State Supreme
Court' s " PASH" and" Ka Pa' akai 0 Ka Aina" decisions, the issue relative to native
Hawaiian gathering and fishing rights must be addressed in terms of the cultural,
historical, and natural resources and the associated traditional and customary practices of
the site:
Investigation of valued resources: The property was previously used as a nursery
but currently no structures exist on the property. The property was grubbed around
2001. In February 2009, a field inspection was conducted by an archaeologist to
assess the site conditions related to historic and cultural sites.
The valued cultural, historical, and natural resources found on the property:
During the field inspection the archaeologist observed that most of the property
had been mechanically altered in the past. In a letter dated July 18, 2016, the
Department of Land and Natural Resources-State Historic Preservation Division
concluded no historic properties will be affected by the proposed project. No
valued cultural, historical, and natural resources have been found on the property
and it is unlikely that any of these resources exist since the property is located in
an urbanized area.
Possible adverse effect or impairment of valued resources: It is possible, but
unlikely, that an inadvertent discovery of historic or cultural resources could be
made during construction.
Feasible actions to protect native Hawaiian rights: To the extent which traditional
and customary native Hawaiian rights are exercised, the proposed action will not
affect traditional Hawaiian rights and no action is necessary to protect these rights.
A condition of approval will be included to require the applicant to notify the
DLNR-SHPD should any unidentified sites or remains be encountered, and
proceed only upon an archaeological clearance from the DLNR-SHPD.
Based on the above, the establishment of 120-bed assisted living facility and related uses
on 6.22 acres of land situated within the Neighborhood Commercial (CN-10) zoned district is
compatible with the existing land uses and the physical and social environment of the area, and
promotes the effectiveness and objectives of the Zoning Code and General Plan.
However, this recommendation is made with the understanding that the applicant remains
responsible for complying with all other applicable governmental requirements in connection with
the proposed use, prior to its commencement or establishment upon the subject property. Additional
governmental requirements may include the issuance ofbuilding permits, compliance with the Fire
Code, installation ofimprovements required by the American with Disabilities Act( ADA), among
many others. Compliance with all applicable governmental requirements is a condition of this
approval; failure to comply with such requirements will be considered a violation that may result in
enforcement action by the Planning Department and/ or the affected agencies.
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